Revolutionary War Pension and Bounty Land Warrant Application File S 13,028, John Fitch, Conn.

SERVICE
NUMBER
Conn.
Fitch, John
S 13.028
carded
CONTENTS
Twelve horizontal dotted lines for writing entries.
Twelve horizontal dotted lines for writing entries.

14434
19755 New York John Fitch
of Oneida Co in the State of New York who was a Private in the Company commanded by Captain Stevens of the Regt: commanded by Col Rodgers in the Oh ma line for 10 mos 7 ds.
Inscribed on the Roll of New York at the rate of 57 Dollars 16 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and sent to A. C. Gray Clinton
Arrears to the 14th of March 33 $102.32 Sem-ant. allowance ending Septm 25.58
$127.90
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Witham Clerk, Book E Vol. 4 Page 56

Nov. 19. 755
John Fitch
Oneida County
New York
admitted.
10 mo 7 days Sejm.
50: 16
Arch d C. C. Gray agt.
Clinton P. Office
Oneida County
New York

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John Fitch Oneida County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enld 1776 7 Lieut Capt Moses Stevens Col. Sedidah Rodgers none stated at New London Island of Rhode Island 83 years Town of Norwich Living, Mitcheff & Traditionary   Enld 1777 5 78 3 " Captain Genl. Greene State of Connecticut   in 1778 9 80 6 " Fluitt   disf 1781 1 "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops. Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

John Ditch
19755 ✓

Declaration
By John Fitch - of Herkland - in order to obtain the benefit of the Act of Congress - passed June 7 th 1832 -
State of New-York
Oneida County - ss - On this eighth day of November eighteen hundred and thirty two personally appeared - before the Hon ble Matthew Kimball Esq r one of the Judges of the Court of Common Pleas - in and for the County of Oneida & State of New York - said Court being a Court being of Record by Statute - at Herkland, in said County - John Fitch a resident of the Town of Herkland - in said County - aged eighty three years - who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress - passed June 7 th 1832 -
That he entered the service of the United States - under the following named officers and served as herein stated - That he in the year nineteen hundred and seventy six - was a sergeant in a company of Infantry - in Col l Frederick Rodgers Reg t - in the Connecticut Line - and was in said said service one week - at New London - in the County - of New London and State of Connecticut - That in the months of December - of nineteen hundred and seventy seven, and January and February

of the year seventeen hundred & seventy eight This deponent was a sergeant - in Captain Moses Stevens' Company - of Infantry - in the Connecticut line - said Company being an Independent Company, was not attached to any Reg't) - That in said months of December January & February - this deponent served in said Company - as a sergeant in said service - on the Island of Rhode Island - under the command of Genl Spencer. Three months (including the time employed in going & returning to & from said Island) - and was honourably discharged at Providence in the State of Rhode Island - in the latter part of January, aforesaid - (That this deponent from the length of time which has elapsed since said service - and the infirm state of this deponent's health is unable to state the day of his enlistment or discharge - but that he has no hesitation as to the term of said service) - That during the months years of seventeen hundred and seventy eight; seventy nine, and seventy eighty: This deponent was - frequently in said service in the Company aforesaid - as a sergeant six months - That this deponent is unable to state the date of said service - but from his present impression - has no doubt of their amounting to the term last aforesaid. That in the month of July - seventeen hundred and eighty one - This deponent was in said service - as a sergeant - in said Company: at New London - aforesaid - during the months of July & August - one month. That he is

unable - to state the date / more minutely of his entering said service - or of his discharge That he marched to said station in said company but was - while at that station drafted - (as a sergeant) - in Captain Hunt's company - but was mustered on the rolls of said and served - about one half of said term of one month - in said last named company and was honorably discharged - at New London aforesaid -.
That he has no other evidence - of said service than that herewith exhibited - and herein contained -.
That he was born in the Town of Norwich in the said County of New London in the month of July - nineteen hundred & forty nine -.
That he has a record of his age contained in his family record - in his house and that his age is recorded in the Town record of the Town of Norwich aforesaid -.
That he was living in said Town of Norwich when called into service - That he left the Town of Lisbon (Norwich aforesaid) in 1862 - and removed to his present place of residence - and has resided at his present place of residence till the date hereof -.
That said company first named marched - by order of Col. Rodgers - on Litchfield and this respondent entered said service as a sergeant - as aforesaid -.
That Col. Halsey J. Leonard, was at Providence - at the time aforesaid -.

That he received no written discharge from said service.
He hereby relinquishes - every claim whatever to a pension or annuity, except the formal and declare that his name is not on the pension roll of the Agency of any State. Sworn & subscribed _____ The day and year aforesaid,
John Fitch
Walter Kimball; Judge of Oneida Common Pleas
State of New York
Oneida County — ss. We Bros. Nicholas Joseph Stebbins — and — Lewis Wood — residing in Herkland in said County hereby certify — That we are well acquainted with John Fitch — who has subscribed to the above declaration; that we believe to be eighty three years of age; that he is respected and beloved in the neighborhood where he resides — to have been a soldier of the revolution where he resides to have been a soldier of the revolution

and that we concur in that opinion. Sworn & subscribed ————— Elias Nichols This 8 th day of Nov r 1832 — Joseph Steblins Lewis Pond Nathan Kimball 3 judge of Oneida Common pleas
I Nathan Kimball - one of the judges of the Court of Common Pleas - in and for the County of Oneida in the State of New York - do hereby certify that after the investigation of the matter, and after putting the interrogatories presented by the War Department - that the above affidavit was a revolutionary soldier of the , and served as he stated. And I further certify that it appears to me, that Elias Nichols, Joseph Steblins, and Lewis Pond - who have signed the foregoing certificate, are a valid in Highland are credible persons - and that their statement is entitled to credit.
I do further certify that it is my opinion - after an examination - that the said applicant is unable to attend either of the Courts of record in this County: in consequence of bodily infirmities & disabilities
Nov r 21 st 1832 ————— Nathan Kimball 3 judge of Oneida Common pleas
State of New York
Oneida County - to Nathl Crary - of Highland in said County - being sworn says
that he is credibly informed & firmly believes it to be true that Dr. Nathl Crary - the deputy marshal of the presbyterian church in the city of New York - in the city of New York - 3 Nathl Crary Highland Nov r 21 st 1832 - Nathan Kimball 3 judge of Oneida Common pleas

State of New York
Oneida County - ss Lois Tracy - of Spiritland in said County - being duly sworn - deposes and says - That she has heard the foregoing affidavit, or declaration signed by John Fitch - read - That this deponent is a sister of the said John Fitch - and fifty nine years of age - , That she lived in the Town of Norwich - in the State of Connecticut during the War of the Revolution - That she was knowing to the services detailed in said declaration - so far as living in the same family with said John Fitch - and her knowledge of his living home - in the company spoken of in said declaration and of his absence from home - and the general belief of his family - and of the neighbourhood where she then resided - would enable her to know - That this deponent has no hesitation in saying that the said declaration is true &.
Sworn to & subscribed - This 9 th day of Nov - 1832
Lois Tracy
Nathan Kimball Judge of Oneida Common Pleas State of New York
Oneida County - ss I Nathan Kimball - do hereby certify that the above named Lois Tracy - is a person of truth and a respectable inhabitant of

The Town of Hirkland — in said County — Hirkland Nov 7 th 1832 } Nathan Kimball } Judge of Unadilla Common Pleas
State of New York Clerk's office Onondaga County ss George Brown Clerk of said County do hereby cer- tify that Nathan Kimball Esq before whom the foregoing affidavit purports to have been taken & sworn was at the date of the same one of the Judges of the Unadilla Com on Pleas  Common Pleas of said County & that I am well acquainted with his hand writing & verily believe his name subscribed to the said affidavit to be genuine Witness my hand & seal of office this 16 th day of November 32 Geo Brown Clerk
And I do further certify that the foregoing — contains the original proceedings — in the matter of the application of John Fitch — of the Town of Hirkland in said County for a pension — In testimony whereof I have hereunto set my hand and affixed the seal of said court of Common Pleas — This day of Nov r 1832 } Geo Brown Clerk

Revised
13.028
INVALID.
File No. 13.028
John Fitch Sergt New York
Act: June 7th 82
Index:—Vol. _____, Page _____
[Arrangement of 1870.]